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ATTENTION EMPLOYERS: D.O.L Issues Guidelines You Should Know About AI and Other Technologies in the Workplace

June 7, 2024

On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division published Field Assistance Bulletin (FAB) No. 2024-1, Artificial Intelligence and Automated Systems in the Workplace Under the Fair Labor Standards Act and Other Federal Labor Standards.


This FAB issues guidelines and explores the risks associated with the use of AI and other technologies in the workplace. The main emphasis of the FAB is that AI is not a substitute for human oversight and that there must be responsible human oversight in tandem with the use of AI technologies.

 

The risks and challenges highlighted by this bulletin in relation to AI use in employment include:

  • Appropriately tracking hours works, monitoring breaks and calculating wages;
  • Setting schedules, assigning tasks’
  • Managing break times and assessing worker productivity;
  • Determining eligibility, calculating available leave, determining if an employee is qualified to take leave, and requesting documentation needed in regard to handling leave requests;
  • Properly navigating the needs of employees covered under the PUMP Act without limiting their breaks or negatively reflecting on their worker productivity their
  • Ensuring proper compliance with the Employee Polygraph Protection Act (“EPPA”) Law.


It is important to note that, even if an AI technology or other technology is taking adverse action against an employee, this can still be construed as retaliation under the FLSA and other related laws. Moreover, the use of AI and other automated systems used to surveil employees for protected activity and to take adverse actions could violate anti-retaliation laws.


The use of such technologies has potential benefits to a workplace and to both the employees and the employer. It is the responsibility of employers to ensure that their use of AI and other technologies complies with all relevant laws. Employers can mitigate their risk of any potential law violations by ensuring there is human oversight to the technologies.


You can read more about the DOL's ruling on their website by clicking here.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Employer’s Counterclaims in Response to Suit Under Wage Act Dismissed Per Employee’s Anti-SLAPP Motion

January 15, 2025
An employer brought counterclaims of malicious prosecution and abuse-of-process in response to a Wage Act suit brought by an employee. The Appeals Court cited that the employer’s counterclaims should have been dismissed under the anti-SLAPP (Strategic Lawsuits Against Public Participation) law. Anti-SLAPP laws are meant to provide parties with a way to quickly dismiss meritless lawsuits filed against them, usually in response to a lawsuit. The plaintiff in this case, an hourly laborer, claimed that his employer violated the Wage Act by failing to pay him for four of the six weeks he worked for them. The employer refuted these allegations, stating that the employee had only worked for two weeks, that he had been paid in full and then brought counterclaims of malicious prosecution and abuse of process. The District Court judge denied the plaintiff’s motion to dismiss the counterclaims under the anti-SLAPP law. When brought to the Appeals Court, the decision was reversed; the Appeals Court stated that the defendants did not meet the burden of showing that plaintiff’s claims lacked an objectively reasonable factual basis. This ruling suggests that it might behoove an employer to pause and wait to see if a plaintiff’s Wage Act claim fails before filing a counterclaim of abuse of process or malicious prosecution in response.  If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Compensation Plans and Contingent Compensation Pitfalls

January 8, 2025
Attorney Trevor Brice hosted a seminar on Wednesday, January 8, 2025, discussing the possible issues with current compensation plans and contingent compensation pitfalls made possible by recent court rulings. Some of the topics discussed included: Issues with current compensation plans under the FLSA Restrictive Covenants and Compensation Plans Problems with Commission-Based Compensation Plans and Possible Solutions When a Bonus is not actually a bonus and issues under the Massachusetts Wage Act This seminar was perfect for H.R. professionals and anyone in a management position. Please feel free to contact any of the attorneys at The Royal Law Firm if you have any questions on this topic!
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